74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 575
Senate Bill 192
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Consumer and Business Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows Director of Department of Consumer and Business Services
or advisory board to issue suspension without prior notice or
hearing for up to 30 days pending investigation of possible
violation of building trade laws. Requires post-suspension notice
and provides opportunity for post-suspension hearing.
Expands list of building trade law violations qualifying as
grounds for sanctions against construction contractor license.
Gives Department of Consumer and Business Services authority to
take action against building trade license, certificate,
registration or application for violations.
Expands list of prohibited actions dealing with violation or
assisting violation of building trade licensing laws. Prohibits
violation or assisting violation of building code technical
provisions.
Expands prohibition against employing unlicensed boiler
workers.
A BILL FOR AN ACT
Relating to building trades; creating new provisions; and
amending ORS 455.125, 455.129, 455.450 and 480.632.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 455. + }
SECTION 2. { + (1) The Director of the Department of Consumer
and Business Services or an appropriate advisory board may,
without prior notice or hearing, suspend a license, certificate,
registration or other authorization for a period not exceeding 30
days pending an investigation of a possible violation of a
provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to
479.945, 479.950 and 480.510 to 480.670 or this chapter or ORS
chapter 447, 460 or 693, or any rule adopted or order issued for
the administration and enforcement of those provisions.
(2) The director or advisory board shall, no later than 10 days
after issuing a suspension under this section, send the holder of
the suspended license, certificate, registration or other
authorization a statement describing in general terms the grounds
for the suspension.
(3) No later than seven days after the director or advisory
board sends the statement described in subsection (2) of this
section, the holder of the suspended license, certificate,
registration or other authorization may send the director or
advisory board a request for a hearing regarding whether the
suspension should continue pending completion of the
investigation. Upon receipt of a request for a hearing under this
subsection, the director or advisory board shall arrange for a
hearing to be held in accordance with ORS chapter 183. The
hearing officer and the director or advisory board shall take all
practicable measures to ensure that a final order affirming,
modifying or terminating a suspension authorized under subsection
(1) of this section is issued and becomes effective no later than
30 days after commencement of the suspension.
(4) The authority to suspend a license, certificate,
registration or other authorization under this section is in
addition to any other authority of the director or an advisory
board to suspend a license, certificate, registration or other
authorization and in addition to any other sanction, remedy or
penalty provided by law. + }
SECTION 3. ORS 455.125 is amended to read:
455.125. { + (1) + } In addition to any other sanction, remedy
or penalty provided by law, the Director of the Department of
Consumer and Business Services or an appropriate advisory board
may deny, suspend, condition or revoke a registration,
certification, license or other authority to perform work or
conduct business issued under laws administered by the Department
{ + of Consumer and Business Services + } or advisory board if
the holder:
{ - (1) - } { + (a) + } Fails to comply with a provision of
ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420,
479.510 to 479.945, 479.950 or 480.510 to 480.670 or { + this
chapter or + } ORS chapter 447, { - 455, - } 460 or 693, or
with any rule adopted under those statutes or under ORS 455.117;
or
{ - (2) - } { + (b) + } Engages in an act for which the
Construction Contractors Board imposes a sanction on the holder
under ORS 701.135.
{ + (2) For purposes of ORS 701.100, a compliance failure
described in subsection (1)(a) of this section for which the
director or an advisory board denies, suspends, conditions or
revokes a registration, certification, license or other authority
to perform work or conduct business may be treated as a failure
to be in conformance with this chapter. + }
SECTION 4. ORS 455.129 is amended to read:
455.129. (1) Subject to ORS chapter 183, except as provided in
subsection { - (3) - } { + (4) + } of this section, a
regulatory body listed in subsection (2) of this section may deny
a license, certificate, registration or application or may
suspend, revoke, condition or refuse to renew a license,
certificate or registration if the regulatory body finds that the
licensee, certificate holder, registrant or applicant:
(a) Has failed to comply with the laws administered by the
regulatory body or with the rules adopted by the regulatory body.
(b) Has failed to comply with an order of the regulatory body
or the Director of the Department of Consumer and Business
Services, including but not limited to the failure to pay a civil
penalty.
(c) Has filed an application for a license, certificate or
registration that, as of the date the license, certificate or
registration was issued or the date of an order denying the
application, was incomplete in any material respect or contained
a statement that, in light of the circumstances under which it
was made, was incorrect or misleading in any respect.
(d) Has performed work without appropriate licensing,
certification or registration or has employed individuals to
perform work without appropriate licensing, certification or
registration.
(e) Has failed to meet any condition or requirement to obtain
or maintain a license, certificate or registration.
(f) Has acted in a manner creating a serious danger to the
public health or safety.
(g) Is a business, the owner or an officer of which has an
outstanding obligation to pay a civil penalty assessed under ORS
455.895 or has been the subject of action against the license,
certificate or registration by the Department of Consumer and
Business Services, the director or any advisory board.
(h) Is a business, the owner or an officer of which was an
owner or officer in another business at the time:
(A) The other business was assessed a civil penalty under ORS
455.895 that remains unpaid; or
(B) An act or failure to act by any owner or officer of the
other business resulted in action being taken against the
license, certificate or registration of the other business by the
department, the director or any advisory board.
(2) Subsection (1) of this section applies to:
(a) The State Plumbing Board for purposes of licenses issued
under ORS 447.010 to 447.156 or ORS chapter 693.
(b) The Electrical and Elevator Board for purposes of licenses
issued under ORS 446.210 or 479.510 to 479.945.
(c) The Board of Boiler Rules for purposes of licenses issued
under ORS 480.510 to 480.670.
(d) The department for purposes of licenses issued under this
chapter.
(e) The department, subject to Electrical and Elevator Board
approval, for purposes of licenses issued under ORS 460.005 to
460.175.
(f) The department, subject to Manufactured Structures and
Parks Advisory Board approval, for purposes of licenses,
certificates and registrations issued under ORS 446.003 to
446.200, 446.225 to 446.285 and 446.395 to 446.420.
{ + (3) The department may administer and enforce subsection
(1) of this section in the same manner and to the same extent as
any advisory board. + }
{ - (3) - } { + (4) + } This section does not apply to
licenses, certificates, registrations or applications for
licensure, certification or registration involving inspectors or
involving persons engaged in the manufacture, conversion or
repair of prefabricated structures, prefabricated components or
recreational vehicles.
SECTION 5. ORS 455.450 is amended to read:
455.450. A person { - shall - } { + may + } not:
(1) Violate { + , + } or procure { - , aid or abet - } { +
or assist + } in the violation of { + , + } any final order
{ - concerning the application of a provision of the state
building code in a particular case made by - } { + of + } the
Director of the Department of Consumer and Business Services, an
advisory board, a state administrative officer or any local
appeals board, building official or inspector { + , concerning
the application of the state building code in a particular case
or concerning a license, certificate, registration or other
authorization + }.
(2) Engage in { + , + } or procure { - , aid or abet - } { +
or assist + } any other person to engage in { + , + } any conduct
or activity for which a permit,
{ - certificate, - } label { + , license, certificate,
registration + } or other formal authorization is required by any
specialty code { - or other regulation promulgated pursuant to
this chapter - } { + , any provision of ORS 446.003 to 446.200,
446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646,
446.666 to 446.746, 479.510 to 479.945, 479.950 and 480.510 to
480.670, this chapter or ORS chapter 447, 460 or 693, or any rule
adopted or order issued for the administration and enforcement of
those provisions, + } without first having obtained such permit,
{ - certificate, - } label { + , license, certificate,
registration + } or other formal authorization.
{ + (3) Violate, or procure or assist in the violation of,
any standard, specification, requirement, prohibition or other
technical provision set forth in the state building code or an
applicable local building code or in any rule or order of the
Department of Consumer and Business Services, an advisory board,
a local governing body or local building official. + }
SECTION 6. ORS 480.632 is amended to read:
480.632. A person licensed { - to conduct a boiler or
pressure vessel business - } { + , or required to be licensed,
under ORS 480.630 to engage in the business of installing,
repairing or altering boilers or pressure vessels + } may not
employ any person to work on a boiler or pressure vessel unless
the employed person has a valid license issued under ORS 480.630.
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